Home Selling My Neighbor Has a Very Annoying Emotional Assist Canine. What Can I...

My Neighbor Has a Very Annoying Emotional Assist Canine. What Can I Do?


Q: My husband and I’ve lived in a co-op in Westchester County for 37 years. It’s a three-story constructing that prohibits canine as pets, and we’ve at all times had an incredible relationship with the opposite residents. However 9 months in the past, our upstairs neighbors acquired an emotional help canine for his or her teenager. The canine runs backwards and forwards for half-hour at a time. A minimum of three nights every week, it scratches a bed room rug, waking us up all through the night time. Now we have shared our issues with the neighbors, asking them to crate the canine at night time and stroll him when he’s rambunctious. They appeared receptive, however the issue persists. How can we steadiness the rights of individuals to have emotional help animals with our proper to dwell peacefully?

A: So long as this canine isn’t biting folks, it’s most likely not going wherever. Assist animals are protected lodging beneath county, state and federal fair-housing legal guidelines. Your co-op board could possibly be chargeable for discrimination whether it is discovered to be hostile to this canine proprietor, and so might you. So tread calmly.

“A neighbor could be sued in Westchester,” stated Andrew Lieb, a New York housing discrimination lawyer, noting that the regulation permits your neighbor to sue you for emotional misery and attorneys charges.

As troublesome because it could be to dwell beneath this canine, attempt to think about the state of affairs from the proprietor’s perspective and what they could be coping with of their household. “If I used to be the neighbor and needed to do one thing, I might go on a pleasant marketing campaign,” Mr. Lieb stated.

Legally, the constructing can not cost additional charges to this resident or restrict the canine’s dimension or breed. Focus any complaints you’ve on components of the state of affairs that violate your constructing’s guidelines, equivalent to unreasonable noise. You would use a decibel reader to point out how loud the noise is and the way lengthy it lasts, to determine that it’s unreasonable, after which make a criticism to your co-op board so the sound could be mitigated.

You too can examine the constructing’s bylaws to see in case your neighbor has enough carpeting. Some buildings require residents on higher flooring to have 80 % of the ground carpeted.

“Emotional help animals are protected, however they nonetheless have to obey any home guidelines,” stated Jonathan Roman, an actual property lawyer who practices in Westchester.

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